Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we see Texas’ attorney general opposing local decriminalization laws. We note the Pennsylvania governor’s frustration over seeing cannabis business travel to neighboring states. We have a list of New York lawsuits, because at this point, you need a scorecard. And finally, you can enjoy tea with a little something extra in the nation’s Capital.

Continue Reading The Week in Weed: February 9, 2024

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. We see some movement on setting up a retail market in Virginia. Senate Democrats would like to see less re-scheduling and more de-scheduling of cannabis. Ohio released proposed rules for a retail market. Americans support cannabis legalization. And finally, what has Janet Yellen been smoking?

Continue Reading The Week in Weed: February 2, 2024

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we turn our attention to Europe, where we have an update on the German legalization situation. Closer to home, we check in with both New York and Alabama, to see how things are going in those jurisdictions. And finally, we have to agree with Ohio Governor DeWine that the marijuana situation there is goofy.

Continue Reading The Week in Weed: January 26, 2024

Republic Technologies (NA) LLC (“Republic”) filed an application to register the proposed mark 4:20 with the United States Patent and Trademark Office (“USPTO”).  Republic amended its goods twice during prosecution of the application and ultimately sought to register “tobacco; cigarette papers; cigarette filters; cigarette tubes; cigarette rolling machines; handheld machines for injecting tobacco into cigarette tubes; machines allowing smokers to make cigarettes by themselves; none of the foregoing containing or for use with cannabis” (emphasis added).  The USPTO alleged that consumers would understand 4:20 to mean cannabis, the mark misdescribes non-cannabis related goods, and consumers would believe the misrepresentation.  Therefore, the USPTO refused registration alleging that the mark was deceptively misdescriptive of the goods in the application.  Republic appealed the decision to the Trademark Trial and Appeal Board (the “Board”).  But the Board saw through the smoke of Republic’s arguments and affirmed the refusal. 

Continue Reading 4:20 Unfriendly – TTAB Says 4:20 is Deceptively Misdescriptive of Goods Not Used with Cannabis

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we note that HHS released the full text of its report on cannabis rescheduling. State attorneys general are in favor of said rescheduling. DC is cracking down on cannabis “gifting” stores. Virginia’s governor has no interest in setting up a retail market. And finally, if you’re looking for a new religious practice, check out Detroit’s Ganga Clergy.

Continue Reading The Week in Weed: January 19, 2024

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. Happy 2024 – let’s start the year off with a shout-out to Colorado, where the retail market is celebrating an anniversary. There’s an update on Alabama’s medical cannabis licensing program (meet the new year; same as the old year). The DEA is conducting a review of cannabis scheduling. And finally, we have an update on the Weed Nuns.

Continue Reading The Week in Weed: January 5, 2024

Welcome back to The Year In Weed, The Blunt Truth’s annual roundup of cannabis-related stories.  As usual, I’ll adopt Dave Barry’s Year in Review (sadly, no longer available for free) format and look at stories month by month.  Last year, I predicted there would be no federal cannabis legalization, but that perhaps states would legalize. Was I right? Yes I was. Is predicting that there would be no federal legalization akin to shooting fish in a barrel? Yes it is.

Continue Reading The Year in Weed: 2023 Edition

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. This week, we have news from several states, but we begin with a letter from several former U.S. attorneys about cannabis re-scheduling. Then, we have a follow-up on the Georgia medical marijuana situation. We note that New York’s cannabis licensing program is facing yet another lawsuit. And we check in on Virginia – how’s that retail market coming along? And finally, if Puma Clyde sneakers were the epitome of cool when you were growing up, you may be interested in their sneakers made with hemp.

Continue Reading The Week in Weed: December 22, 2023

A Texas appellate court recently upheld a decision to prevent a ban on the sale of delta-8 tetrahydrocannabinol (THC) products in the state.  Tex. Dep’t of State Health Servs. v. Sky Mktg. Corp., No. 03-21-00571-CV, 2023 BL 341460, 2023 TX App Lexis 7448.  The decision allows cannabis companies to continue selling delta-8 THC goods in Texas and establish a reputation for their brands.  In contrast, delta-9 THC remains federally illegal and banned from sale under the Controlled Substances Act.  Delta-8 THC and delta-9 THC are distinct cannabinoids (i.e., compounds) in the cannabis plant.  However, the legality of the delta-8 industry remains clouded in smoke.  This case, and its counterpart in Virginia, could have a significant impact on brand owners’ ability to establish rights in their cannabis-related trademarks.

Continue Reading What’s the Delta?  How Delta-8 Can Provide Trademark Rights for Hemp and Marijuana

Welcome back to The Week in Weed, your Friday look at what’s happening in the world of legalized marijuana. Ohio legislators are busy writing a marijuana law. STATES 2.0 makes an appearance in Congress. The Department of Health and Human Services released documents related to rescheduling cannabis. The DEA sends a letter to Georgia pharmacies. And finally, if you’re planning a wedding, you have a cannabis option.

Continue Reading The Week in Weed: December 15, 2023